Leaving a Will: Heirs Purchasing Bequeathed Land to Fulfill Charitable Instructions in Installments

Practical Laws of Islam as per the teachings of Imam Khamenei

Leaving a Will: Heirs Purchasing Bequeathed Land to Fulfill Charitable Instructions in Installments

English:

Question #1834:

In his will, a person has instructed that parts of his land should be sold and the proceeds spent in holding memorial services and other charitable causes. The sale of the land to a third party would put the inheritors in an unbearable situation. So, is it permissible for them to buy the land for themselves and pay for it by installments whereby they can spend the money in the avenues the testator had named with the knowledge of both the executor and the supervisor?

Answer #1834:

In itself, there is no objection to the buying of the land by the inheritors themselves. As for paying for it by installments, there is no harm in that provided that an equitable price is paid for the land, that both the executor and the trustee see that an interest is served [in this way], and that the installments are not going to be a hindrance to the [smooth and timely] execution of the will. All of this, though, is dependent on the knowledge that the intention of the testator was not the selling of the land for cash and spending the proceeds in the first year.

-Imam Khamenei, Practical Laws of Islam, Importance and Conditions of Leaving a Will